ridiculous AP filed by ex spouse pro se but non-admitted atty doing the ppw

[mysticspirit25]

Let me guess this straight:

1. Friend A: 17 year old douche throws a wrench.
2. Friend B: busts arm, consequently this friend's dad slaps around friend A's son. Personally I would have knocked him out, unless it was an accident.
3. Friend A: Calls police and then sues Friend B's dad.
4. Friend B: Dad suffers default judgment because they could not take time of work

No, not at all...well...sorta

Here is what happened, my friend, the boy's father, asked his son who was 17 at the time of the incident for a wrench, son gave dad the wrong wrench, dad kept asking for the correct wrench, son got frustrated at dad, cussed him out, and threw a 3/4 18" wrench at dad, busted dads arm a bit. Dad smacks his own son in the head for throwing a wrench at him. Dad hits son a little too hard, son goes crying home to mother, mother calls police and files criminal charges against dad which are later dropped for lack of prosecution (state didnt want to deal with it), so then ambulance chaser lawyer calls mother after reading public record and sues dad for 20k, dad, unable to get off work, gets default judgment.

There is way more, but I doubt it applies, son was instituionalized after going to school drunk and running from the cops when they tried to ascertain where he got alcohol. There is a custody issue with another child (14yo wants to live with dad, mother does not want that, b/c of child support $$$) but 14yo will not go home to mom....so mom is doing anything she can to hurt dad.

[shabam]

No, not at all...well...sorta

Here is what happened, my friend, the boy's father, asked his son who was 17 at the time of the incident for a wrench, son gave dad the wrong wrench, dad kept asking for the correct wrench, son got frustrated at dad, cussed him out, and threw a 3/4 18" wrench at dad, busted dads arm a bit. Dad smacks his own son in the head for throwing a wrench at him. Dad hits son a little too hard, son goes crying home to mother, mother calls police and files criminal charges against dad which are later dropped for lack of prosecution (state didnt want to deal with it), so then ambulance chaser lawyer calls mother after reading public record and sues dad for 20k, dad, unable to get off work, gets default judgment.

There is way more, but I doubt it applies, son was instituionalized after going to school drunk and running from the cops when they tried to ascertain where he got alcohol. There is a custody issue with another child (14yo wants to live with dad, mother does not want that, b/c of child support $$$) but 14yo will not go home to mom....so mom is doing anything she can to hurt dad.

Ah I see. Mothers basically a gold digger out for blood. Hopefully your friend will be able to get this thrown out or better yet, battles her in court. If she loses the AP, she would end up paying for his legal fees.

[OhioFiler]

Is there really a friend who filed BK? Why doesn't the friend post his own queries?

[mysticspirit25]

Is there really a friend who filed BK? Why doesn't the friend post his own queries?

Yes, in this case there really is a friend. I couldnt file BK if I wanted to b/c I did so in 2005, plus I am only 33, and it would be kinda weird to now have a 20 year old son, my friend is not too internet savvy, which is why he did not enter this post.

[BKDefender]

I know this is 5 months after the original posting - but I wanted to provide an answer that could be searched later.

I'm not sure what other states requirements are, but in Nevada, if an attorney prepares a document to be filed with the court, that attorney has to sign the document as being the attorney that prepared it.
The reason for this is that the courts loosen the procedural requirements for pro-se filers and give more leeway to a pro-se filer. But if an attorney, who is supposed to know the rules, drafts the documents and screws it up, the pro-se individual who paid an attorney to prepare the document should be held to the same standards as an attorney.

Nevada calls it "ghost-lawyering". http://www.nvbar.org/ethics/opinion_34.htm

I hope other states have similar restrictions.

--William

[AlbanyMan]

I disagree, If I fill out legal forms for somebody and use laws, citations, etc, then I am engaging in the unauthorized practice of law, and its a crime and against the rules of civil procedure. If anybody who is not admitted to the bar prepares legal forms for somebody with or without a fee, it is UPL plain and simple.

I think you are 100 percent correct. Being Pro Se is considered a disadvantage in the court and thus the courts look very liberally at the pleadings and releif requested to assure justice is done. With that said, Most judges get real pissed when there is illegal practice of law. Espically since the person who prepared the doccuments for the pro se was/is a lawyer and not admitted to practice, that is illegal my friends and directly goes against the meaning and the spirit of pro se. That is advise nothing less only its framed in the form of a complaint. I would complain and get the other party to acknowledge in court that she had legal help or make the direct statement and see if it is objected or rebuted in court. The pro se person who cheats will lose the protections of pro se and be treated worse than the experienced big boys.

[DebtEnder]

Recall reading about this way back when and always wondered if the AP ever went forward and/or if the "ghost lawyer" ever got smacked upside his own head. -going with the whole head hitting theme here....

Saw the op was still active so thought he might have some fresh info.

[AngelinaCat]

I know this is 5 months after the original posting - but I wanted to provide an answer that could be searched later.

I'm not sure what other states requirements are, but in Nevada, if an attorney prepares a document to be filed with the court, that attorney has to sign the document as being the attorney that prepared it.
The reason for this is that the courts loosen the procedural requirements for pro-se filers and give more leeway to a pro-se filer. But if an attorney, who is supposed to know the rules, drafts the documents and screws it up, the pro-se individual who paid an attorney to prepare the document should be held to the same standards as an attorney.

Nevada calls it "ghost-lawyering". http://www.nvbar.org/ethics/opinion_34.htm

I hope other states have similar restrictions.

--William

Florida does also.